The Crown appealed the respondent's acquittal on a charge of stunt driving by excessive speed.
At trial, the Justice of the Peace acquitted the respondent because he was not satisfied that the radar device used by the officer was functioning properly, citing concerns with the officer's evidence regarding mobile testing.
On appeal, the Crown argued the trial judge misapprehended the evidence and misapplied the law.
The Ontario Court of Justice dismissed the appeal, finding no legal error.
The trial judge was entitled to assess the credibility and reliability of the officer's evidence and conclude that the Crown failed to provide sufficient prima facie evidence of the radar device's reliability.
